CITY OF GREATER GEELONG

CITY OF GREATER GEELONG AGENDA DEVELOPMENT HEARINGS PANEL MEETING NO 573 TO BE HELD AT BROUGHAM STREET OFFICE (GROUND FLOOR) 100 BROUGHAM STREET, GEELONG ON THURSDAY, 4 OCTOBER 2018 AT 5.00 P.M. 1. Committee Members Present 2. Officers Present 3. Apologies 4. Confirmation of Minutes 5. Declaration of Interest 6. Matters for Consideration 7. Late Reports 8. Next Meeting Peter Smith Chair 4 October 2018 Committee Membership P Smith (Chair) J Rush J Hurse V Shelton Distribution: Councillors J van Slageren, Acting Director Planning and Development G Russell - Communications and Marketing M Nigido - Building Services Town Planners

I N D E X Application No. Subject Address: Proposed Use: Page No. PP-1228-2016 26-28 Christies Road, LEOPOLD Construction of Twenty One (21) Dwellings and Subdivide the Land into Twenty One (21) Lots 3

Development Hearings Panel Page 3 Application No: Applicant: Subject Land: Owner: PP-1228-2016 Pulse Marketing International Pty Ltd 26-28 Christies Road, LEOPOLD MAD LEO Pty Ltd Zone: General Residential Zone (Schedule 1) Overlays: Existing Use: Proposed Development: Nil Single Dwelling Construction of Twenty One (21) Dwellings and Subdivide the Land into Twenty One (21) Lots Indicates Objectors Subject Site 26-28 CHRISTIES ROAD, LEOPOLD

Development Hearings Panel Page 4 Summary The subject site is located approximately 130 metres north of the Bellarine Highway. The site is L-shaped with an area of 5247 square metres and frontage of 33.52 metres to Christies Road. The subject land is located within a residential context and is occupied with a single storey dwelling. The surrounding area mostly comprises low scale single storey dwellings on lots averaging approximately 650 square metres. The dwellings are generally hipped roof and garages are either to the side or the rear. The proposal is for the development of the land to construct a total of 21 dwellings, including three double storey dwellings facing Christies Road and subdivision of the land into 21 lots. The land is zoned General Residential Zone and no overlays affect the land. The plans received 12 October 2016 were advertised and 12 objections were received. The plans have not been amended at any stage. No consultation meeting was held. Design issues have been raised by the previous planners, including the initial request for further information letter. The applicant does not want to amend the plans as it would have consequences for losing garden area transition period exemptions. After considering the application against the Greater Geelong Planning Scheme and taking into consideration the concerns raised by the objectors, it is considered the proposal has not achieved an appropriate site and context design response. There are a number of Clause 55 objectives the application fails to achieve and is an indication of an overdevelopment of the site. Recommendation That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Refuse to Grant a Planning Permit for the Construction of Twenty One (21) Dwellings and Subdivide the Land into Twenty One (21) Lots at 26-28 Christies Road, LEOPOLD on the following grounds: 1. The proposed development does not respect the existing neighbourhood character of the area including the lack of separation between the dwellings, the dominance of garages as viewed from Christies Road, the inability to provide adequate landscaping areas, the form of the dwellings as presented to Christies Road and the extent of walls on boundary. The proposed development therefore does not meet Clause 15.01-5S (Neighbourhood character), Clause 21.06-4 (Neighbourhood character) and Standard B1 and the objective of Clause 55.02-1 (Neighbourhood Character). 2. The design detail fails to adequately respond to the prevailing character of the area with respect to the visual dominance of the garages and the roof form of dwellings 1-3 and therefore fails the standard and objective of Standard B31 of Clause 55.06-1 (Design Detail). 3. Dwellings 1 to 3 have not been provided with north facing windows into the living areas and fails to adequately provide for passive solar energy and therefore does not meet the standard and objective of Standard B10 of Clause 55.03-5 (Energy efficiency).

Development Hearings Panel Page 5 4. The proposed development fails to provide adequate landscaping areas within the common accessway and the front garden areas consistent with the character of the area and for the amenity of the residents and has not had regard to the impact of the existing tree at 14-16 Christies Road and therefore fails to meet the standard and objective of Standard B13 Clause 55.03-8 (Landscaping). 5. The extent of vehicle crossings proposed is considered excessive and inconsistent with the character of the area and therefore does not meet the Standard B14 and the objective of Clause 55.03-9 (Access). 6. The dwelling entrances toward the end of the north-south blind accessway are obscured and isolated from the street and therefore does not meet Standard B12 and the objective of Clause 55.03-7 (Dwelling entrance)and Standard B26 of Clause 55.05-2 (Dwelling entry). 7. The main bedroom for dwellings 10 and 11-21 are not provided with adequate separation from the common accessway to protect residents from vehicular noise and therefore fails Standard B15 and Clause 55.03-10 (Parking location). 8. The proposed walls on boundary are considered excessive and not consistent with the existing character of the area and in the case of the east wall on boundary for dwelling 10 will create visual bulk when viewed from the adjoining property to the east. The proposed walls do not comply with Standard B18 of Clause 55.04-2 (Walls on boundaries). 9. The accessway widths are not consistent with Table 1 of Clause 52.06 and vehicles will require several attempts to enter and exit the garages from the common accessways which does not allow for easy and efficient use. 10. The proposed development does not provide adequate areas for bins, letterboxes and gas and water meters and therefore does not meet Standard B34 and the objective of Clause 55.06-4 (Site Services) and Standard B30 of Clause 55.05-6 (Bin storage). 11. The proposed development has not demonstrated that private bin contractors can adequately enter the common accessway, empty bins and egress in a forward direction and therefore it is not known whether the common property accessway is adequate for management of waste as required by Standard B33 of Clause 55.06-3 (Common Property). Report THE SITE & LOCALITY The subject site is located approximately 130 metres north of the Bellarine Highway. The site is L-shaped with an area of 5247 square metres and frontage of 33.52 metres to Christies Road. Two existing vehicle crossings along the Christies Road frontage provide access to the land. The subject land is located within a residential context and is occupied with a single storey dwelling.

Development Hearings Panel Page 6 The surrounding area mostly comprises low scale single dwellings on lots of an approximate average of 650 square metres; the exception being the land to the south at 14-16 Christies Road which is has an area of approximately 3636 square metres. In the immediate vicinity, the predominant typology is single storey dwellings with hipped roofs. Garaging is either to the side or located towards the rear. External materials are generally brick and either tile or corrugated steel. Street setbacks are relatively consistent averaging between 6.0-6.5 metres with established front gardens. The subject site has abuttals with many properties. The rear (east) boundary abuts five properties, the north boundary abuts four properties and the south and west boundaries abut four properties. All adjoining properties contain modest scaled dwellings. SITE HISTORY No planning permits of relevance to this application have been issued to the subject land. PROPOSAL The proposal is for development of the land for 21 dwellings and subdivision of the land into 21 lots. The proposal can be summarised as follows: Development Dwellings 1-3 Comprise three two storey 4-bedroom dwellings with frontages to Christies Road. The dwellings are flat roof cuboid form only relieved by a shall gable on dwelling 2. Double width garages extend across the front facades of the dwellings separated by the dwelling entrances. The overall height being approximately 5.67 metres. The dwellings facing Christies Road are attached at the ground floor and semi-attached at the first floor between dwellings 2 and 3. Each dwelling will be provided with 35.96 m2 of secluded private open space at the rear of the dwelling and together with the area in the front setback the minimum 40 square metres of private open space is achieved. Dwellings 4-21 Comprise 18 single storey attached 2-bedroom dwellings accessed from internal common accessways. The dwellings have raked roof forms with clerestory windows to provide internal sunlight. Single width garages are provided for each dwelling. 40 square metres of private open space including 25 square metres of secluded private open space is provided. Subdivision All proposed lots rectangular in shape. The proposed area of each lot is: Lots 1 to 3 276m 2 per lot Lots 4 to 10-170m 2 per lot Lots 11 to 15-199m 2 per lot Lots 16 to 21-186m 2 per lot

Development Hearings Panel Page 7 Easement As stated in the Title details, the easement 1.83 metre in width is located on part of the north boundary and perpendicular to the north boundary approximately 37.5 metres east of Christies Road. The application does not include the removal of the easement. This is a primary permit trigger under clause 52.02 (Easements, Restrictions and Reserves). As the application did not include removal of easement, this is not part of this application. However, Council s Engineering Department have indicated that would not object to the removal of the easement. GREATER GEELONG PLANNING SCHEME Permit Trigger A planning permit is triggered for this application pursuant to the following clauses of the Greater Geelong Planning Scheme: Pursuant to Clause 32.08-3 of the General Residential Zone a permit is required to subdivide land. Pursuant to Clause 32.08-6 of the General Residential Zone a permit is required to construct two or more dwellings on the lot. Definitions Pursuant to Clause 73.03 of the Planning Scheme a dwelling is defined as: A building used as a self-contained residence which must include: a) a kitchen sink; b) food preparation facilities c) a bath or shower; and d) a closet pan and wash basin. It includes outbuildings and works normal to a dwelling. Pursuant to Clause 73.04.1 of the Planning Scheme a dwelling is nested in the Accommodation group. Subdivision is not defined or nested in the Planning Scheme. A lot is defined as a part (consisting of one or more pieces) of any land (except a road, a reserve, or common property) shown on a plan, which can be disposed of separately and includes a unit or accessory unit on a registered plan of strata subdivision and a lot or accessory lot on a registered plan. Subdivision is defined at Section 3 in the Subdivision Act 1988 as the division of land into two or more parts which can be disposed of separately. TITLE DETAILS The title provided with the application does not contain a restrictive covenant or S.173 Agreement. An easement 1.83 metre in width is located on part of the north boundary and perpendicular to the north boundary set back approximately 37.5 metres from Christies Road.

Development Hearings Panel Page 8 CULTURAL HERITAGE MANAGEMENT PLAN (CHMP): The Aboriginal Heritage Regulations 2007 specify the circumstances in which a cultural heritage management plan is required for an activity or class of activity. Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a cultural heritage management plan. The proposal is not listed as an exempt activity. The subject site is not located in a known Area of Cultural Heritage Sensitivity. Therefore, a cultural heritage management plan is not required. COASTAL INUNDATION AND EROSION: Clause 13.01-2S of the PPF requires the Responsible Authority to consider the potential coastal impacts of climate change. Strategies include: In planning for possible sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill). Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change. Consider the risks associated with climate change in planning and management decision making processes. The subject site is located within close proximity of existing urban development. Council s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at 2040. LANDFILL GAS RISK ASSESSMENT Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things: Any significant effects the responsible authority considers the environment may have on the use or development [S 60(1) of the PEA]. Clause 13.04-1S of The Planning Policy Framework which aims to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. The EPA has adopted the Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills (September 2010) or Landfill BPEM.. The Landfill BPEM identifies that: Risks associated with landfill gases may occur for at least 30 years post-closure. Appropriate buffer distances must be maintained between the landfill and sensitive land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained non-putrescible waste. Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated. All buildings and structures and associated infrastructure should be considered.

Development Hearings Panel Page 9 The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required. DEVELOPMENTS IN BUSHFIRE PRONE AREAS Clause 13.02 (Bushfire) seeks to strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life. The policy must be applied to all planning and decision making under the Planning and Environment Act 1987 relating to land which is: Within a designated bushfire prone area; Subject to a Bushfire Management Overlay; or Proposed to be used or developed in a way that may create a bushfire hazard. The proposal is listed at Clause 13.02-1S as one of the uses or developments which should be considered: Subdivisions of more than 10 lots. Accommodation. Child care centre. Education centre. Emergency services facility. Hospital. Indoor recreation facility. Major sports and recreation facility. Place of assembly. Any application for development that will result in people congregating in large numbers. The site is not located within a designated bushfire prone area. Therefore, no bushfire protection measures are required. Officer Direct or Indirect Interest No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act. REFERRALS: The following referrals were undertaken: External - Section 55: Powercor (Determining Authority) Powercor do not object to the application, subject to conditions. Barwon Water (Determining Authority) Barwon Water do not object to the application, subject to conditions Downer (Determining Authority) Downer do not object to the proposal, subject to a condition. Country Fire Authority (CFA) (Recommending Authority) The CFA did not object to the proposal, subject to conditions.

Development Hearings Panel Page 10 Internal Council s Traffic Department Council s Engineering Department did not object to the proposal. Should a planning permit be issued, it was advised that conditions relating to driveway widths, lighting, lighting in common areas, mailboxes within the common reserve on the south boundary and a reduction in the length of the blind aisles. Council s Waste Department Council s Waste Department have stated that there was not sufficient information in the waste management report to determine whether the private contractor, as advised in the report would be able to adequately access and egress the site in a forward direction. The waste report quoted an Appendix A provided truck turning circles. However, this was not provided by the applicant on request. Therefore, it is unclear whether the accessway layout is suitable for a private waste contractor. Council s Engineering Department Council s Engineering Department do not object to the proposal and have supplied without prejudice conditions include drainage/stormwater conditions requirements and construction of driveways and footpath across the width of the property. AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION The application was not amended prior to public notification. The advertised plans received 12 October 2016 form the basis of this report. It is noted that these are the original plans lodged and the stated scale does not reflect the scale of the plans. This has made some difficulty in assessment. GARDEN AREA REQUIREMENT As the application has not been amended since it was lodged on 12 October 2016, the application meets the transition exemptions as it was lodged prior to VC110 introduced on 27 March 2017. PUBLIC NOTIFICATION The application is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment Act 1987 the following forms of advertising were undertaken: Notices were sent to owners and occupiers of adjoining land (including opposite) One (1) A3 signs was placed on the land. 12 objections have been received by Council. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION No consultation meeting was held as the applicant declined a meeting.

Development Hearings Panel Page 11 The concerns raised by the objectors are: Proposed lot sizes too small; Not consistent with the neighbourhood character; Overdevelopment of the land; Increased traffic and safety concerns for pedestrians; Limited access width for emergency vehicles; Lack of on-site car parking; Parking on the street; Impact to mature trees on adjoining property at 14-16 Christies Road; Excessive wall on boundary adjacent to 74 Trumper Crescent; Concerns about damage from vehicles hitting boundary fencing at the end of driveways; Overshadowing and overlooking to the south and north and east; Impact to storm water infrastructure from increased run-off; Impact of garbage bins on the street. Response The Clause 55 Assessment at the end of this report responds to many of the concerns raised relating to neighbourhood character, overshadowing and overlooking, stormwater drainage, impact to mature trees on adjoining property. In relation to concerns about increased traffic and access for emergency vehicles and parking in the street, Council s Traffic and Engineering Departments have not raised concerns about increased traffic and on-street parking. If the application is supported, they require conditions relating to the location of the vehicle crossings to ensure that two onstreet car parking spaces are provided. The application was also referred to the Country Fire Authority who did not raise concerns regarding emergency vehicle access and recommended conditions should any permit issue. With regard to the concern regarding the potential destruction of their tree at 14-16 Christies Road located close to the north boundary, no arborist report was provided. Walls are proposed to be located close to the tree including on the boundary. It is therefore suggested that should a Notice of Decision be issued or that the application is considered at VCAT, that the matter regarding the tree be addressed. THE PLANNING POLICY FRAMEWORK (PPF) The following State Planning Policies are applicable to this application: 11.01-1R Settlement Geelong G21 Relevant Strategy: Support the growth of Bannockburn, Colac, Drysdale/Clifton Springs, Lara, Leopold, Ocean Grove and Torquay/Jan Juc as district towns by building on existing and planned infrastructure and focussing growth along key road and rail networks.

Development Hearings Panel Page 12 11.01-1S - Settlement - Victoria Objective To promote the sustainable growth and development of Victoria and deliver choice opportunity for all Victorians through a network of settlements. Relevant Strategies Develop sustainable communities through a settlement framework offering convenient access to jobs, services, infrastructure and community facilities. Focus investment and growth in places of state significance in Metropolitan Melbourne and the major regional cities of Ballarat, Bendigo, Geelong, Horsham, Latrobe City, Mildura, Shepparton, Wangaratta, Warrnambool and Wodonga. Ensure regions and their settlements are planned in accordance with any relevant regional growth plan. Guide the structure, functioning and character of each settlement taking into account municipal and regional contexts and frameworks. Create and reinforce settlement boundaries. Provide for growth in population and development of facilities and services across a region or sub-region network. Plan for development and investment opportunities along existing and planned transport infrastructure. Deliver networks of high-quality integrated settlements that have a strong identity and sense of place, are prosperous and are sustainable by: Building on strengths and capabilities of each region across Victoria to respond sustainably to population growth and changing environments. Developing settlements that will support resilient communities and their ability to adapt and change. Balancing strategic objectives to achieve improved land-use and development outcomes at a regional, catchment and local level. Preserving and protecting features of rural land and natural resources and features to enhance their contribution to settlements and landscapes. Encouraging an integrated planning response between settlements within regions and in adjoining regions and states in accordance with the relevant regional growth plan. Providing for appropriately located supplies of residential, commercial, and industrial land across a region, sufficient to meet community needs in accordance with the relevant regional growth plan. Improving transport network connections within and between regional cities, towns and Melbourne.

Development Hearings Panel Page 13 Encourage a form and density of settlements that supports sustainable transport to reduce greenhouse gas emissions. Limit urban sprawl and direct growth into existing settlements. Promote and capitalise on opportunities for urban renewal and infill redevelopment. Develop compact urban areas that are based around existing or planned activity centres to maximise accessibility to facilities and services. 15.01-1S Urban Design Objective To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Strategies Require development to respond to its context in terms of character, cultural identity, natural features, surrounding landscape and climate. Ensure development contributes to community and cultural life by improving the quality of living and working environments, facilitating accessibility and providing for inclusiveness. Ensure the interface between the private and public realm protects and enhances personal safety. Ensure development supports public realm amenity and safe access to walking and cycling environments and public transport. Ensure that the design and location of publicly accessible private spaces, including car parking areas, forecourts and walkways, is of a high standard, creates a safe environment for users and enables easy and efficient use. Ensure that development provides landscaping that supports the amenity, attractiveness and safety of the public realm. Ensure that development, including signs, minimises detrimental impacts on amenity, on the natural and built environment and on the safety and efficiency of roads. Promote good urban design along and abutting transport corridors. 15.01-2S Building design Objective To achieve building design outcomes that contribute positively to the local context and enhance the public realm.

Development Hearings Panel Page 14 Strategies Require a comprehensive site analysis as the starting point of the design process. Ensure the site analysis provides the basis for the consideration of height, scale and massing of new development. Ensure development responds and contributes to the strategic and cultural context of its location. Minimise the detrimental impact of development on neighbouring properties, the public realm and the natural environment. Ensure the form, scale, and appearance of development enhances the function and amenity of the public realm. Ensure buildings and their interface with the public realm support personal safety, perceptions of safety and property security. Ensure development is designed to protect and enhance valued landmarks, views and vistas. Ensure development provides safe access and egress for pedestrians, cyclists and vehicles. Ensure development provides landscaping that responds to its site context, enhances the built form and creates safe and attractive spaces. Encourage development to retain existing vegetation. 15.01-3S - Subdivision Design Objective To ensure the design of subdivisions achieves attractive, safe, accessible, diverse and sustainable neighbourhoods. Strategies In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create liveable and sustainable communities by: Creating compact neighbourhoods that have walkable distances between activities. Developing activity centres in appropriate locations with a mix of uses and services and access to public transport. Creating neighbourhood centres that include services to meet day to day needs. Creating urban places with a strong sense of place that are functional, safe and attractive. Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people.

Development Hearings Panel Page 15 Creating landscaped streets and a network of open spaces to meet a variety of needs with links to regional parks where possible. Protecting and enhancing native habitat. Facilitating an urban structure where neighbourhoods are clustered to support larger activity centres served by high quality public transport. Reduce car dependency by allowing for: o o.convenient and safe public transport Safe and attractive spaces and networks for walking and cycling o Subdivision layouts that allow easy movement within and between neighbourhoods. o A convenient and safe road network. Being accessible to people with disabilities. Creating an urban structure and providing utilities and services that enable energy efficiency, resource conservation, integrated water management and minimisation of waste and air pollution. 15.01-4S Healthy neighbourhoods Objective To achieve neighbourhoods that foster healthy and active living and community wellbeing. Strategies Design neighbourhoods that foster community interaction and make it easy for people of all ages and abilities to live healthy lifestyles and engage in regular physical activity by providing: Connected, safe, pleasant and attractive walking and cycling networks that enable and promote walking and cycling as a part of daily life. Streets with direct, safe and convenient access to destinations. Conveniently located public spaces for active recreation and leisure Accessibly located public transport stops Amenities and protection to support physical activity in all weather conditions. 15.01-5S Neighbourhood character Objective To recognise, support and protect neighbourhood character, cultural identity, and sense of place.

Development Hearings Panel Page 16 Strategies Ensure development responds to cultural identity and contributes to existing or preferred neighbourhood character. Ensure development responds to its context and reinforces a sense of place and the valued features and characteristics of the local environment and place by emphasising the: Pattern of local urban structure and subdivision. Underlying natural landscape character and significant vegetation. Heritage values and built form that reflect community identity. 15.02-1S Energy and resource efficiency Objective To encourage land use and development that is energy and resource efficient, supports a cooler environment and minimises greenhouse gas emissions. Strategies Improve the energy, water and waste performance of buildings and subdivisions through environmentally sustainable development. Promote consolidation of urban development and integration of land use and transport. Improve efficiency in energy use through greater use of renewable energy technologies and other energy efficiency upgrades. Support low energy forms of transport such as walking and cycling. Reduce the urban heat island effect by greening urban areas, buildings, transport corridors and open spaces with vegetation. Encourage retention of existing vegetation and planting of new vegetation as part of development and subdivision proposals. 16 Housing Planning should provide for housing diversity, and ensure the efficient provision of supporting infrastructure. Planning should ensure the long term sustainability of new housing, including access to services, walkability to activity centres, public transport, schools and open space. Planning for housing should include providing land for affordable housing. 16.01-1S - Integrated Housing Objective To promote a housing market that meets community needs.

Development Hearings Panel Page 17 Strategies Increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land. Ensure that an appropriate quantity, quality and type of housing is provided, including aged care facilities and other housing suitable for older people, supported accommodation for people with disability, rooming houses, student accommodation and social housing. Ensure housing developments are integrated with infrastructure and services, whether they are located in existing suburbs, growth areas or regional towns. Facilitate the delivery of high quality social housing to meet the needs of Victorians. 16.01-2S - Location of Residential Development Objective To locate new housing in designated locations that offer good access to jobs, services and transport. Strategies Increase the proportion of new housing in designated locations within established urban areas and reduce the share of new dwellings in greenfield and dispersed development areas Encourage higher density housing development on sites that are well located in relation to jobs, services and public transport. Ensure an adequate supply of redevelopment opportunities within established urban areas to reduce the pressure for fringe development. Facilitate residential development that is cost effective in infrastructure provision and use, energy efficient, water efficient and encourages public transport use. Identify opportunities for increased residential densities to help consolidate urban areas. 16.01-3S Housing Diversity Objective To provide for a range of housing types to meet diverse needs Strategies Ensure housing stock matches changing demand by widening housing choice. Facilitate diverse housing that offers choice and meets changing household needs through: A mix of housing types. Adaptable internal dwelling design. Universal design.

Development Hearings Panel Page 18 Encourage the development of well-designed medium-density housing which: Respects the neighbourhood character. Improves housing choice. Makes better use of existing infrastructure. Improves energy efficiency of housing. Support opportunities for a range of income groups to choose housing in well-serviced locations. Ensure planning for growth areas provides for a mix of housing types and higher housing densities in and around activity centres. 16.01-4S - Housing Affordability Objective To deliver more affordable housing closer to jobs, transport and services. Strategies Improve housing affordability by: Ensuring land supply continues to be sufficient to meet demand. Increasing choice in housing type, tenure and cost to meet the needs of households as they move through life cycle changes and to support diverse communities. Promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community. Encouraging a significant proportion of new development, to be affordable for households on low to moderate incomes. Increase the supply of well-located affordable housing by: Facilitating a mix of private, affordable and social housing in suburbs, activity centres and urban renewal precincts. Ensuring the redevelopment and renewal of public housing stock better meets community needs. Facilitate the delivery of social housing by identifying surplus government land suitable for housing. Municipal Strategic Statement The following policies of the Municipal Strategic Statement are applicable to this application: 21.06-3 - Urban consolidation The objectives of Clause 21.06-3 of the Municipal Strategic Statement are to: provide for the consolidation of existing urban areas in a managed way. encourage an appropriate range of development densities. improve accessibility to urban services.

Development Hearings Panel Page 19 Strategies Manage urban consolidation and housing change across the municipality, by: o Accommodating medium and high density housing in Key Development Areas (as defined by the maps included in this clause). o Maximising opportunities for housing within Increased Housing Diversity Areas (as defined in Clause 22.63 Increased Housing Diversity Areas) by accommodating; high density housing in the activity centres consistent with their primary commercial and retail role; and medium density housing in residential areas with more intensive development being located closest to the core of activity centres. o Supporting appropriate medium density housing in the General Residential Zone (Schedule 1) areas. o Providing for incremental change in the General Residential Zone (Schedule 2) areas. o Limiting change in the Neighbourhood Residential Zone areas. Encourage medium density housing in the Mixed Use Zone. Require retirement accommodation to be located within urban areas, preferably within close proximity to existing or proposed activity centres and public transport facilities. 21.06-4 - Neighbourhood character The objectives of Clause 21.06-4 of the Municipal Strategic Statement are to: manage the impact of urban change on existing neighbourhoods. ensure that new development responds to the existing neighbourhood character. protect areas with a significant garden character. protect areas with views to significant landscape features. Strategies Acknowledge that neighbourhood character in the Increased Housing Diversity Areas will adapt and evolve over time, particularly within and on the edges of activity centres, where land use and development will intensify. Ensure that development is responsive to the established character of the area. Support appropriate medium density housing that respects the existing neighbourhood character in the General Residential Zone areas. Ensure that development in the transition areas of the Residential Growth Zones is responsive to and respectful of the neighbourhood character in any adjoining residential zones. Support the redevelopment of dwellings owned by the Office of Housing, as part of urban renewal initiatives. Retain existing vegetation wherever possible, particularly vegetation that contributes to the municipality s tree canopy. Avoid gated communities. Maintain the character of the Rural Living and Low Density Residential Zoned areas. Ensure that dwellings and extensions to dwellings over 7.5 metres have regard to the design objectives and decision guidelines of Schedule 14 to the Design and Development Overlay.

Development Hearings Panel Page 20 21.14-2 - The Bellarine Peninsula The objectives of Clause 21.14-2 of the Municipal Strategic Statement are to: protect and enhance the rural and coastal environment on the Bellarine Peninsula and maintain non-urban breaks between settlements. facilitate the development of Ocean Grove, Drysdale/Clifton Springs and Leopold as hubs of development and service provision on the Bellarine Peninsula. In all other townships on the Bellarine Peninsula provide retail, commercial and community uses and facilities that serve the daily needs of the community and encourages street based activity. provide for sustainable industrial, commercial, retail, agricultural and tourism development in designated locations, to service the wider Bellarine community. preserve the individual character, identity and role of each Bellarine township. Strategies for Leopold: Ensure the retention of Leopold as an urban island - supporting urban growth contained to the settlement boundary and preserving the surrounding rural hinterland. Support the development of the Ash Road Growth Area and other areas identified for residential development on the Structure Plan map. Support increased housing densities around the Sub Regional Retail Activity Centre and neighbourhood shopping strips at Ash Road and Dorothy Street. LPPF There are no Local Planning Policies that specifically relates to this application. Although it is noted that the subject site is not located in a designated Increased Housing Diversity Area where it is expected that the character of the area will evolve to accommodate more intensive development. Response The township of Leopold contain three Increased Housing Diversity Areas and these areas are zoned Residential Growth Zone (Schedule 2). In contrast, the subject site is located in a General Residential Zone (Schedule 1). This means that appropriate medium density housing is supported but high density development receives strategic support in the residential growth zones. There are issues that have been identified in the recommended grounds. In relation to State and Local policy, it is considered that the proposed development and subdivision does not positively respond to the policy as it relates to neighbourhood character. In particular, Clause 15.01-5S which requires development to contribute to the existing or preferred neighbourhood character and consider the pattern of local urban structure and subdivision. Council s Municipal Strategic Statement on neighbourhood character at Clause 21.06-4 also requires development to be responsive to the established character of the area and strategic support is given to appropriate medium density housing that respects the existing neighbourhood character in General Residential Zones.

Development Hearings Panel Page 21 As Clause 21.06-4 requires medium density housing in General Residential Zones to respect the existing neighbourhood character in General Residential Zones, it is the existing neighbourhood character that the proposed development should respond to. It is considered that the design response has not considered the existing pattern of development and subdivision with regard to the attached form of the dwellings, the dominance of car parking structures as viewed from Christies Road, the flat roof form of dwellings 1-3 the extent of hard surface accessways walls on boundaries and the lack of landscaping areas. It is therefore considered that the proposed development is not consistent with State and Local policy with respect to neighbourhood character. An assessment against Clause 55 and 52.06 is towards the end of this report. The proposal fails to meet a number of objectives and this supports the view that the design response is an overdevelopment of the site. RELEVANT PARTICULAR PROVISIONS: The following Particular Provisions are applicable to this application: Clause 52.01 Public Open Space Contribution A person who proposes to subdivide land must make a contribution to the council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both). If no amount is specified, a contribution for public open space may still be required under Section 18 of the Subdivision Act 1988. Response Pursuant to the schedule to Clause 52.01, the following contribution is required to be made: Creation of one additional lot Creation of two to nine additional lots Creation of 10 or more lots on land zoned for residential purposes prior to August 31 st 2007 Creation of 10 or more lots on land zoned for residential purposes after August 31 st 2007 Waurn Ponds Creek Environs None 1 percent per additional lot up to a maximum of 5 percent 5 percent 10 percent 10 percent Pursuant to the above table a 5% contribution is required to be made. A condition of permit requires a cash contribution to be made. Clause 52.06 Car Parking The requirements for car parking and design standards for access and car parking spaces are set out in Clause 52.06 (Car Parking) of the Greater Geelong Planning Scheme.

Development Hearings Panel Page 22 The purpose of Clause 52.06 is: To ensure that car parking is provided in accordance with the State Planning Policy Framework and the Local Planning Policy Framework. To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. To support sustainable transport alternatives to the motor car. To promotes the efficient use of car parking spaces through the consolidation of car parking facilities. To ensure that car parking does not adversely affect the amenity off the locality. To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use. Response Car parking Provision Clause 52.06-5 sets out the required number of car parking spaces. Each 2-bedroom dwelling requires 1 car parking space and the four bedroom dwellings require 2 car parking spaces. Visitor car parking is 1 car parking space to every 5 dwellings. If the number does not sum a whole number, the number of car parking spaces is rounded down to the nearest whole number. Therefore the statutory requirement for this application is 27 on-site car parking spaces (24 for the dwellings and 4 for visitor parking). Therefore, the proposal meets the required number of car parking spaces. Car Parking Spaces and Access Access to car parking spaces is via the common accessways. The visitor car parking spaces are dimensioned 2.7 metres in width and the accessway width adjacent to the visitor car parking is 6.1 metres in width and 6.0 metres for the remainder of the accessways. As the car parking spaces are 2.7 metres in width egress from the visitor car parking and leaving in a forward direction can be achieved. The single width garages for the dwellings contain garage doors 2.4 metres in width. They are set back from the boundary of each lot approximately 1.0 metre. Table 2 of Clause 52.06 requires an accessway width of 6.4 metres for a car parking space of 2.6 metres. As the accessway is proposed to be 6.0 metres for the most part, there is concern that the movements to and from the site will require multiple manoeuvres. Even though the garage is set back approximately 1.0 metre, there is landscaping and front entrance structures that would limit turning to begin until outside of each lot. Therefore, it is considered that the accessway widths are not adequate for easy and efficient use.

Development Hearings Panel Page 23 Clause 55 - ResCode Assessment Two or More Dwellings on a Lot The development is required to be assessed against Clause 55 as set out below: 55.02-1 Does not Comply Neighbourhood objectives character To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character. To ensure that the design responds to the features of the site and the surrounding area. Standard B1 The design response must be appropriate to the neighbourhood and the site. The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site. The character of the surrounding area is predominantly single dwellings on lots. Dwellings are generally sited on land with a setback on at least one side boundary and often on both side boundaries and provide for established front and back garden areas. As stated previously, the predominant form of dwellings in the area is single storey with hipped roof and external walls of brick. Garaging is to the side or located towards the rear. Street setbacks are relatively consistent averaging between 6.0-6.5 metres. A purpose of the General Residential Zone is to encourage development that respects the neighbourhood character of the area. Council s Municipal Strategic Statement relating to housing policy at Clause 21.04 supports appropriate medium density housing that respects the existing neighbourhood character in the General Residential Zone areas. It is considered the proposed development has aimed to maximise yield at the expense of providing dwellings that fit within the established character of the area. The dominance of garages and driveways as presented to Christies Road does not provide adequate garden area for landscaping and the built form does not integrate with the existing building form in relation to garaging and the extent of flat roof form of dwellings 1-3. The attached nature of the dwellings, including internally does not respect the existing rhythm and spacing of the building form in the surrounding neighbourhood. The extent of walls on boundary for dwellings 1 and 3 is also not representative in the surrounding area. The excessive level of hard surfacing in the common accessways without sufficient potential to soften the development is also not a feature of the surrounding area.

Development Hearings Panel Page 24 55.02-2 Residential policy objectives To ensure that residential development is provided in accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To support medium densities in areas where development can take advantage of public transport and community infrastructure and services. 55.02-3 Dwelling diversity objective To encourage a range of dwelling sizes and types in developments of ten or more dwellings. 55.02-4 Infrastructure objectives To ensure development is provided with appropriate utility services and infrastructure. To ensure development does not unreasonably overload the capacity of utility services and infrastructure. Standard B2 An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Standard B3 Developments of ten or more dwellings should provide a range of dwelling sizes and types, including: Dwellings with a different number of bedrooms. At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at ground floor level. Standard B4 Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available. Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads. In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure. Complies As set out above, the application complies with the planning policy framework. The required written statement has been provided. Complies There is some variation in the dwellings to the extent that dwellings 1-3 provide 4 bedrooms and the remaining 18 dwellings provide 2 bedrooms. The single storey dwellings provide accessibility to ground floor utility and bathroom areas. Would comply subject to conditions. The site is serviced by the required infrastructure and the application has been referred to Council s Engineers who have not raised any concern about the ability for stormwater to be managed on site with a designed stormwater system, subject to conditions.

Development Hearings Panel Page 25 55.02-5 Integration with the street objectives To integrate the layout of development with the street. Standard B5 Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility. Development should be oriented to front existing and proposed streets. High fencing in front of dwellings should be avoided if practicable. Development next to existing public open space should be laid out to complement the open space. Complies Dwellings 1-3 are oriented to Christies Road and direct vehicle access from Christies Road. The remainder of the dwellings will face the internal accessways. No high front fencing is proposed. 55.03-1 Street setback objective To ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. Standard B6 Walls of buildings should be set back from streets the distance specified in Table B1. Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard. Variation The required minimum street setback (based on the average setbacks of the properties to the north and south) is 7.05 metres. The proposed minimum street setback is 7.0 metres. The variation of 50mm is considered minor and immaterial and therefore acceptable in this instance.